Rep. wants to impeach judge who will overturn gay marriage ban

Becker profile LOCAL Ohio State Representative for the 65th District, John Becker held a town hall style meeting at the Holiday Inn Eastgate where he informed a modest group on the inner workings of State government and the budget. August 29, 2013 The Enquirer/ Tony Jones(Photo: Tony Jones, The Enquirer/ Tony Jones)

A southwest Ohio state representative reiterated his call for the impeachment of federal Judge Timothy Black, after Black on Friday said he planned to overturn Ohio’s ban on recognizing same-sex marriages conducted in other states.

“In an epic display of arrogance and incompetence, Judge Black announced that he will require the people of Ohio to disregard the Ohio Constitution and force the recognition of ‘homosexual marriages’ performed outside of Ohio,” Rep. John Becker’s office said a statement. “He persists in allowing his personal political bias to supersede jurisprudence.”

Becker, R-Union Township, said Black’s ruling would violate both the Ohio Constitution and the U.S. Constitution. Voters in 2004 amended Ohio’s constitution to ban the state from validating or recognizing a same-sex marriage. The 10th Amendment to the U.S. Constitution reserves to the states all rights not delegated to the federal government in the Constitution.

Becker first called for Black’s impeachment after the U.S. District Court judge ruled last year that Ohio must recognize the out-of-state marriage of an Over-the-Rhine couple on a death certificate. James Obergefell wanted to be listed on the certificate as the spouse of John Arthur after Arthur died last year of ALS. The couple had been married in Maryland weeks earlier.

Becker has introduced a resolution in the Ohio House that would call on the House of Representatives to begin impeachment proceedings against Black. The measure has not yet received a hearing in a House committee, and even if it passed, it would not have the power to require any action from Congress.

Becker also last year wrote a letter to U.S. Rep. Brad Wenstrup, R-Columbia Tusculum, asking him to pursue Black’s impeachment.

At the time, Wenstrup said he would rely on the judicial appeal process to decide the constitutionality of Black’s decision.

“While Judge Black’s ruling violated the Ohio Constitution and the will of Ohio voters, the question of whether this decision also violated the U.S. Constitution remains before a higher court,” Wenstrup said in a statement. “I will watch those appellate proceedings closely to see if Judge Black’s decision is upheld.” •

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